Can I collect unemployment if I have been fired for performance

My employer gave all the employees a write up in which we all signed (our first warning) a few weeks ago. I was unaware that this was a legal situation so I signed it, basically it stated things about us all not doing as good of a job as we should have been.

This is bologna first off because times are bad, we don't have much business as we used to and we have twice the staff, I have 1/2 the hours as I used to because they're hiring more people than we need and working them more. Were a small business, I think because we get paid more so they want to cut our hours. However im still completing the same amount of work I was 3 years ago when I got the job. So were overstaffed, Im afraid that since I signed the first performance sheet that I wont be able to receive unemployment, can I legally collect unemployment at 18 if I have worked there for 3 years? I'm going to college and I need the money? What do I do.

Hi,

I do answer a lot of "performance questions" and I'd say 90 percent do not involve any kind of "neglect" issue which is the type of performance issue that is necessary to prove misconduct .. which is an absolute necessary ingredient for an employer to sustain their burden.

You're young .. so I am very pleased you're going to learn this lesson now:)

Signing a write up is not the problem most people have when it comes to collecting UI. In fact some employer's actually fire people for not signing.

What people fail to do is "counter document".

Most write-up forms have a place for you to write a comment. It is my honest opinion this space should never be left blank by the employee. I also don't like to see "refused to sign" where your signature should be .. I've seen employer's actually write in that comment space their account of how the employee huffed and puffed and threw a fit and refused to sign.

That space is your opportunity to professionally explain why the employer's contention that you have committed some kind of rule violation is "bologna". Sidenote .. this won't help if you are unable to recognize that you are actually in the wrong.

If there is no space .. sign, but include "see attached response". You can ask your employer to attach your response to the reprimand in their personnel file. You of course should keep your own personnel file for every employment you have.

Without counter documenting, your signature looks as if you are in agreement with the employer's assessment of the situation.

Employment is a business relationship. Too many of us react to this relationship as if it were a child/parent one.

At will employees are basically self employed people with the added burden of complying with an employer's rules laid out in the "employee handbook" vs. some other type of contract which we can amend before signing. At will employees have to accept the rules .. or they can't have the job.

As for the circumstances you MIGHT be fired under .. I have written quite a bit about how the current economy is almost a natural built-in argument as to why a failure to attain sales quotas and goals should not be considered willful misconduct.

I'd like to answer your question about collecting while attending college, but that is state specific .. and the state would also have bearing on my next question .. If your hours have been cut by half .. why haven't you filed for partial unemployment benefits?

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